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UNCLOS , EIF 16th Nov 1994 (Art. 94 : Duties of Flag state (Take measures…
UNCLOS , EIF 16th Nov 1994
Provisions wrt flag & nationality
Art 91
:
Nationality of ships
Fixed requirements
Nationality
Issue doc
Genuine link b/w ship & state
Art. 92
:
Status of ship
Sail under one flag ...
Permission to change flag ...
Ships with 2 or more flag = no nationality
Art 90
:
Right of navigation
Art.93:
UN and IAEA
Art. 94
:
Duties of Flag state
Maintain a register of ships
Exercise juridiction & control in administrative , tech & Social matters
Take measures to ensure Safety at Sea
Construction , eqpt & Sea worthiness
Manning , labour conditions & Trg of crew
Use of signals, maint of Comm & Prev of Pollution
Survey Vsl before and after registration
Ship in charge of Master & qualified officers and Crew
Master, Officers and Crew knows international Conventions
Flag state conform to Intl reg , proc and practices
If other states has
clear ground
, then flag state to investigate and take appropriate action
Enquiry in case of casuality by QI.
Enforcement by Flag State :
Vessels prevented from sailing if unsafe
States to ensure vsl carry cert as reqd under Intl rules and regualtion
State must adopt laws/regulations to ensure compliance of Intl laws
States must enforse Natl law if evidence is there against vsl
States must fix adequate penality for Vsl which violates
States promptly give info if reqd by other states,& inform IMO about action taken